Agenda - 10-07-2008 - 4i - Laserfiche WebLink

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io ARTICLE 6 USE OF ARCHRECT'S INSTRU~FJdTS OF 5ERVICE § 6.1 Drawings, specifications and other docameats, including those in e]etxrarac form, prepared by the Architect and the Architect's coasoltants are Instrurrrenta of Service for use solely with respect to this Projeck The Architect and the Architect's con~ltants shalt be deelncd the authors and owners of their respective Instrutnants of Service and shall retain all common la~v, swnrnory and other resfxved rights, including copyrights. § 63 Upon execution of this Agreement, the Architect grants 1p the Owner a.nonezcluaive license to reproduce the Architect's Instmments of Service solely for purposes of txmstracting, acing and maintaining the Project, provide$ that the Owner shall' comply with all obligations, ineItrdtng prompt payment of all sums when due, tinder this Agreement. The Architect shall obtain similar nanexcloatve licenses from the Architect's consultants censistent with dris Agreement. Any t$~nation of this Agreement prior to comptation of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Fnstruments of Service and stall rtxwn to the Architect within seven days of termination all originals and neproductiona in the Owner's possession or control If end upon the date the Architect is adjudged in default of this Agreement, the foregoing license shad be deemed terminated and replsord by a aecoad, nonexclusive license petmittir4g the Owner to anthoaze other similarly credentialed design pmfesttionaIs bo reproduce and, where permitted by law, to melts changes, oorrectiona or additions to the Instt cements of Service eolety for purposrs of completing, using and maintaining the Projeak § $.3 t3zoept for the licenses granted In Section 6.2, no other license or right shall be deemed greeted or implied under ttris Agreement The Owner shall not assign, delegate, subficensa, Hodge or otherwise h~ansfer any license granted herein to another party without lire prior writoen agreement of the Arohiteck I3awever, the Owner shalt be permiEted 60 authorize the Contractor, Snbcorrtracoara, Sub-subcontractors and ma0eriel or equipment suppliers to reproduce applicahte port3ona of the Tnstramer-ks of Service appropriate bo and fur use in their execution of fire Work by license granted igSection 6.2. Submission or distabution of Instruments of Sen+Ice to meet ofRcial regulatory regnirernants or far simt7ar purposes in com>ection with the Projecx is not to be construed as gnblication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Stmice for future additions or alterations bo this Pmjt:ct or for other puojects, finless the Owner obtains the prior written agreement of the Architect and the Architect'a consultants. Any naaathorized use of the lnstrvmems of Service shall be at the Owner's sole risk and without liabr"lity to the Architect and the Ar+chitect's consultants. § 6.4 Prior to the Arrbitcct providing m the Owner any lnstzumauts of Service in elecu+onic form or the Owner providing m the Architect any electronic data for irtearporation into the ]natmments of Service, the Owner and the Architect shall by separate written agreement sat forth the specific wnditions gweming the format of each Instrnmenta of Service or elactrotdc data, including any special limitations or Iii not atherwiae provided in this Agreemenk ARTICLE 7 DISPUTE RESOLUTION § 7.1 MEDIATION § 7.1.1 Any claim, dispute or other matter in quesflon arising out of ar related ~ this Agreement shall be subject to mediation se a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. Ig such matter relates to or is the subject of a lien at~sLrg out of the Architect's servioea, the Architect may pror:oed in accordance with applicable law bo comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. § 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question iretween thaw by mediation which,lmless the parties matnally agree otherwise, shall be is accordance with the Constnrction Industry Mediation Rules of the American Arbitration Association currently in effeck ttequest fur mediation aha11 be filed in writing with the other party to this Agreenurnt and with the American Arbitration Association. The regacst maybe made concurrently with lira filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or lager or equitable pmeeoc(Ings, which shaIl be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer p¢iod by agreeinerrt of the parties or court order, § 7.1.8 The parties shalt share the mediator's fee and any filing fats equally, The mediation shall be ]raid in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforcxable as settlement agreements in any court having jurisdictiaal th+areof: tnh. AIA Pooumat+t 87 51~ -.7997. Copyrlphl O 1974,187x, 1897 and 1887 by The Mierfaan InalaWe of Arohltecis. All rights reaerved,oWARNINa: Tlda AlA° Doewnanl la protacled try U.S. Copyright taw and lydNnaxolud Treeika. Unaulherlxad raprodUNfon of dfaMlbudon of thlR AlA Qooument, ar any porllon of It, may result fn severe olva end erltn[nsf peneltles, and will he prosecuted to the maximum etttehl posax>la under tl» iaw.llda document was prods Nged~AlA eoflwwo at 12t3:t 1 on 09I18!1DOB under Order Na1t1(W3567e9 r wldoh exptres on 6/B/20ftB, and is not for resale. UUaaesrr (120541404x}